No Win No Fee.

[Sqad]

I instructed a firm of solicitors in Spain to act for me against a well known bank on a no win no fee basis.

The hearing found in my favour.

The bank appealed and the Court of Appeal in Spain found in favour of the bank.

Will I be responsible for the expenses of the Appeal?

[dannyk13]

Sqad, didn't the Court of Appeal award costs at the time?

[Peter Pedant]

Eek - sorry to hear that Sqad
did you post here for any of the AB resident experts to pass er judgement

It depends on what the contract said ( that wd be contrato wouldnt it) Spanish civil law doesnt have much in common with english common law

[Peter Pedant]

Nothing shows up on google
Perhaps a lawyer will answer

[Sqad]

danny

They{ the Court of Appeal in Spain} put on me to pay the cost of the procedure – in terms of the royalties or fee of the other part, lawyer - ( not the appeal but the first part) as we lose.

PP I will check.

[Peter Pedant]

eek again

[Peter Pedant]

england- some no win no fee still stipulate that on loss the other side might still claim their costs

oo-er Mrs - makes me wish more to keep away from the loo-er

[Sqad]

Not looking good eh! PP.

No win to me, means the "case" not just one aspect of it.

I feel I may be naive.

[dannyk13]

Sqad, sit back and hold your breath is about all you can do.

[Sqad]

LOL

Thanks folks.

[Barmaid]

Sqad, it does depend on the terms of the contract. But my view in all probability is "yes".

No win, no fee does not mean that you do not pay costs if you lose - it means you do not pay your own lawyers. You are generally still liable for costs on the basis that the loser normally pays. These type of arrangements are normally attractive to those who do not have any assets since enforcing an adverse costs order against someone with nothing will never succeed.

Very often to ensure that you do not pay costs on a loss when you engage a no win no fee firm, you also buy an insurance policy. This is not mandatory though. Check to see if you did actually take out such a policy.

The caveat to this though is I have absolutely no idea how Spanish law and Spanish lawyers operate, nor the Spanish civil code.

[Sqad]

Thanks Barmaid.

[Hopkirk]

Just don't go back to Spain

[gulliver1]

15.55 LOL.

[gulliver1]

Think you will be ok now uk is no longer in the E/U Sqad,
You won't get extradited for non payment. your situation is the first good news from brexit so far.

[Peter Pedant]

After The Event Insurance (ATE Insurance) is insurance which covers the legal costs and expenses involved in litigation

when I first heard of this ( medical negligence) my brayne turned to mush
you cant in principle insure after an event
but hey still this is the name for this type of legal cost insurance